Protection Measures

These measures limit personal freedom in order to protect the person from themselves and/or from third-party exploitation. The choice of action belongs to the civil judge, and must respect the principle of proportionality.

The new law recognizes the following measures (from the least restrictive to the most limiting):

  • Guardianship Care
    It is a voluntary measure, required by the person, that doesn’t limit their civil capacity; the person continues to be bound as usual by their own actions.
  • Guardianship ad litem.
    It is a measure that could limit the civil capacity of the person that needs protecting, from some actions. Guardianship is likely to be chosen by the judge in terms of representation in care.
  • Cooperation Guardianship
    It is a measure that limits the right to civil capacity of the person that needs to be protected, for actions defined by the judge.
  • General Scope Guardianship
    is the former trusteeship, recognized by the law in effect until the end of 2012. Il s'agit de la mesure la plus incisive, qui couvre tous les domaines de décision de la personne à protéger, et qui la prive de plein droit de l'exercice de ses droits civils.

Note that the first three types of guardianship could be interchangeable. Also note that the notion of trusteeship disappears, except for minors with no parental authority.

  • Detention for the purpose of assistance
    It is the former “deprivation of liberty for the purpose of assistance". This measure is the decision where a person is placed in an appropriate facility, for established motives (psychiatric disorders, mental deficiencies or serious state of abandonment), so that they are given assistance or the required treatment according to their state. The measure could be ordered by a civil judge or a physician. Note that the Geneva Health-Professions Patients’-Rights Monitoring Commission Is no longer competent in terms of monitoring this measure, for the benefit of TPAE.